I-9 / E-Verify

The SSA explains that it's seeking to reconcile discrepancies between the names and Social Security Numbers (SSNs) it has on file with the names and SSNs that employers report. The purpose isn't to support enforcement of immigration law, but rather to "properly post employees' earnings to the correct record." That's an important distinction because if you confused such a letter with, for example, a "tentative non-confirmation" red flag coming from the US Department of Homeland Security's E-Verify system, you might unintentionally take an action that would get you into trouble. 
 

In other words, you should NOT take any adverse action (for example, a suspension or termination) against any employees who provided inaccurate information. You may suspect the worker gave you someone else's SSN because he or she doesn't have a legitimate SSN, but taking the matter into your own hands could inadvertently could violate state and federal nondiscrimination laws.
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Employers

Form I-9

Even though Form I-9 support representatives were unavailable during the lapse in government appropriations and E-Verify service was disrupted, employers were still required to complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment in the U.S. during that time, as long as the person works for wages or other remuneration.
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U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
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What is my legal obligation as an employer to verify an employee’s right to work in the U.S.?

Before hiring a new employee, employers are required to ensure an employee is eligible to work in the United States.  Knowingly hiring illegal employees or failing to inquire as to an employee’s immigration status could result in legal fines and other penalties.  Employee eligibility is typically determined through Read more . . .

U.S. Citizenship and Immigration Services (USCIS) today announced the launch of its new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public.
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What are the penalties for hiring illegal immigrants?

Employers across the country need to be aware that the U.S. Immigration and Customs Enforcement has announced its intention to increase the number of employers it prosecutes for hiring illegal immigrants.  Employees who are here illegally are also at risk. The acting ICE Director, Thomas Homan, has stated that workplace immigration enforcement efforts will rise to four to five times the current level.
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On July 17th, 2017, USCIS released a revised version of Form I-9, Employment Eligibility Verification Form. On September 18th, 2017, employers must use the revised form with the revision date of 07/17/17 N. Employers can continue using the older Form I-9 with a revision date of 11/14/16 N through September 17th. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
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USCIS published a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N. through Jan. 21, 2017. By Jan. 22, 2017, employers must use the revised form.
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U.S. Citizenship and Immigration Services (USCIS) today published a revised version of Form I-9, Employment Eligibility Verification.

By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.

Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
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As our economy continues to show few signs of “predictability”, company mergers, acquisitions and restructurings ("transactions") are likely to continue. In general, since a merger, acquisition or restructuring is a "corporate transaction", the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Lawyer is brought into the "deal" or arrangement at the appropriate time - earlier rather then later. This is especially the case since Business Immigration Attorneys may be able to save money for the parties to the transaction.
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The U.S. Department of Justice (DOJ) issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of the federal immigration law.
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